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LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- NINTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1997.
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1998
VOLUME LXXI
Part II

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY-NINTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A.D.
1997.
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A.D.
1998
VOLUME LXXI
Part II
768
CHAPTER 296
FORMERLY
HOUSE BILL NO. 503
Chapter 296
Vol. 71
AN ACT TO AMEND CHAPTER 38, TITLE 31 OF THE DELAWARE CODE REGARDING
THE FOSTER CHILD REVIEW ACT AND CHAPTER 101, TITLE 29 OF THE
DELAWARE CODE REGARDING THE ADMINISTRATIVE PROCEDURES ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE (Two-thirds of all members elected to each House thereof concurring
therein):
Section 1. Amend subsections (1) and (2), §3802, Title 31 of the Delaware Code by
striking the words "Child Protective" and they appear in said subsections, and substituting the
word "Family" in lieu thereof.
Section 2. Amend §3803, Title 31 of the Delaware Code by striking the word "Child" as
it appears in the section heading, and by substituting the word "Care" in lieu thereof.
Section 3. Amend subsection (b), §3803, Title 31 of the Delaware Code by striking the
words "a citizen of the United States and" as the same appear in said subsection.
Section 4. Amend subsection (b), §3804, Title 31 of the Delaware Code by striking the
words "Child Protective" as they appear in said subsection, and by substituting the word
"Family" in lieu thereof.
Section 5. Amend §3805, Title 31 of the Delaware Code by striking the words "2 times
per year" and by substituting the words "once a year" in lieu thereof.
Section 6. Amend §3806, Title 31 of the Delaware Code by striking the number "$15"
and by substituting the number "$25" in lieu thereof.
Section 7. Amend subsection (10), §3807, Title 31 of the Delaware Code by adding
thereto a new sentence at the end of said subsection, which shall read as follows: "The annual
report shall be used by the Board to generate additional volunteers for the Board."
Section 8. Amend §3807, Title 31 of the Delaware Code by renumbering current
subsection (1) as new subsection (2) and by renumbering each succeeding subsection
accordingly.
Second 9. Amend §3807, Title 31 of the Delaware Code by adding a new subsection (1)
which new subsection shall read as follows:
"(I ) Establish Goals and Objectives to measure its progress in achieving permanent
placement or other goals for children in foster care."
Section 10. Amend subsection (1), §3808, Title 31 of the Delaware Code by striking the
final sentence of said subsection in its entirety, beginning with the words "The Department" and
ending with the words "in monitoring and evaluation."
Section 11. Amend subsection (a), §3809, Title 31 of the Delaware Code by striking the
final sentence of said subsection in its entirety, beginning with the words "Internal reviews" and
ending with the words "Review Board."
Section 12. Amend subsection (1), §3811, Title 31 of the Delaware Code by adding a
new sentence at the end of said subsection which shall read as follows: "All interested parties
shall be encouraged to attend the Board's reviews."
19 Lit.
Chapter 296
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769
Section 13. Amend subsection (a), §3813, Title 31 of the Delaware Code by striking the
words "Child Protective" as the same appear in said subsection, and by substituting the word
"Family" in lieu thereof:
Section 14. Amend §3814, Title 31 of the Delaware Code by striking the first sentence of
said subsection beginning with the words "The Board" and ending with the words "participating
parties" and by substituting the following in lieu thereof:
"The Board shall submit a written report of the review to the placement agency and other
participating parties within 15 days, except when a case has been referred to the Executive
Committee to resolve an internal issue, in which case the report must be sent out 15 days
following the Executive Committee review."
Section 15. Amend §3814, Title 31 of the Delaware Code by designating all of current
§3814 as new subsection (a), and by adding a new subsection designated as subsection (b), which
shall read as follows:
"(b) The Board and the Division of Family Services shall inform Family Court of the
position of the Board regarding the identified Permanency Placement Goal for the child and
current placement of the child."
rr
Section 16. Amend paragraph (1), subsection (a), §3815, Title 31 of the Delaware Code
by striking the number "20" as the same appears in said paragraph, and by substituting the
number "90" in lieu thereof.
Section 17. Amend §3820, Title 31 of the Delaware Code by striking said section in its
entirety, and by renumbering each succeeding section accordingly.
Section 18. Amend subsection (a), §10161, Title 29 of the Delaware Code by
renumbering current paragraph (44) as new paragraph (45), and by adding a new paragraph (44),
which new paragraph shall read as follows: "(44) Foster Care Review Board."
Approved-June 17, 1998
CHAPTER 297
FORMERLY
SENATE BILL NO. 286
AN ACT TO AMEND 71 LAWS OF DELAWARE, CHAPTER 12 RELATING TO
SUNSETTING PROVISIONS OF THE PHARMACY ACCESS ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend 71 Laws of Delaware, Chapter 12 by striking in their entirety the last
two lines of said 71 Laws of Delaware, Chapter 12 which read as follows:
"Section 4. This Act shall sunset and automatically be repealed on June 30, 1998,
unless reenacted prior to that date."
Approved June 17, 1998
770 Chapter 298
Vol. 71
CHAPTER 298
FORMERLY
HOUSE BILL NO. 428
AS AMENDED BY SENATE AMENDMENT NO. 1
AN ACT TO AMEND CHAPTER 36, TITLE 24 OF THE DELAWARE CODE RELATING
TO GEOLOGY AND TITLE 29 OF THE DELAWARE CODE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Title 24 of the Delaware Code by striking Chapter 36 in its entirety
and substituting the following in lieu thereof:
"CHAPTER 36. GEOLOGY
Subchapter I. Board of Geologisls.
§3601. Objectives.
The primary objective of the Board of Geologists, to which all other objectives and
purposes are secondary, is to protect the general public, specifically those persons who are the
direct recipients of services regulated by this Chapter, from unsafe practices and from
occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner
competency; and, to maintain certain standards in the delivery of services to the public. In
meeting its objectives, the Board shall develop standards assuring professional competence; shall
monitor complaints brought against practitioners regulated by the Board; shall adjudicate at
formal hearings; shall promulgate rules and regulations; and shall impose sanctions where
necessary against licensed practitioners.
§3602. Definitions.
The following words, terms and phrases, when used in this Chapter shall have the
meanings ascribed to them under this section, except where the context clearly indicates a
different meaning:
(I) 'Board' shall mean the State Board of Geologists established in this Chapter.
'Excessive use or abuse of drugs' shall mean any use of narcotics, controlled
substances, or illegal drugs without a prescription from a licensed physician, or the abuse of
alcoholic beverage such that it impairs his or her ability to perform the work of a geologist.
'Geologist' shall mean a person who is qualified to practice professional geology
including specialists in its various subdisciplines.
'Person' shall mean a corporation, company, association and partnership, as well as
an individual.
'Practice of geology' shall mean any service or creative work, the adequate
performance of which requires geologic education, training and experience in the application of
the principles, theories, taws and body of knowledge encompassed in the science of geology.
This may take the form of, but is not limited to, consultation, research, investigation, evaluations,
mapping, sampling, planning of geologic projects and embracing such geological services or
work in connection with any public or private utilities, structures, roads, building, processes,
works or projects. A person shall be construed to practice geology, who by verbal claim, sign,
advertisement or in any other way represents himself or herself to be a geologist, or who holds
himself or herself out as able to perform or who does perform geologic services or work.
Chapter 298
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771
Nothing contained herein shall be construed to apply to persons engaged solely in the
practice of well-drilling or persons engaged in the practice of engineering as registered
professional engineers.
(6) 'Responsible charge' shall mean the individual control and direction, by the use of
initiative skill and individual judgment, of the practice of geology.
§3603. Board of Geologists' appointments: composition: qualifications; term: vacancies;
suspension or removal: unexcused absences: compensation.
There is created a State Board of Geologists, which shall administer and enforce this
Chapter.
The Board shall consist of seven members, appointed by the Governor, who are
residents of this state: Four shall be geologists licensed under this Chapter, one of whom shall be
a member of the Delaware Geological Survey, either the State Geologist, or his or her designee if
the State Geologist declines the appointment, and three public members. The public members
shall not be, nor ever have been, geologists, nor members of the immediate family of a geologist;
shall not have been employed by a geologist or a company engaged in the practice of geology;
shall not have a material interest in the providing of goods and services to geologists; nor have
been engaged in an activity directly related to geology. The public members shall be accessible
to inquiries, comments and suggestions from the general public.
Except as provided in subsection (d) of this section, each member shall serve a term
of three years, and may succeed himself or herself for one additional term; provided,, however,
that where a member was initially appointed to fill a vacancy, such member may succeed himself
or herself for only one additional full term. Any person appointed to fill a vacancy on the Board
shall hold office for the remainder of the unexpired term of the former member. Each term of
office shall expire on the date specified in the appointment; however, the Board member shall
remain eligible to participate in Board proceedings unless and until replaced by the Governor.
Persons who are members of the Board on the effective date of this Act shall complete their
terms.
A person, who has never served on the Board may be appointed to the Board for two
consecutive terms; but, no such person shall thereafter be eligible for two consecutive
appointments. No person, who has been twice appointed to the Board or who has served on the
Board for six years within any nine-year period, shall again be appointed to the Board until an
interim period of at least one term has expired since such person last served. This section shall
not apply to the State Geologist or his or her designee.
Any act or vote by a person appointed in violation of this section shall be invalid. An
amendment or revision of this Chapter is not sufficient cause for any appointment or attempted
appointment in violation of subsection (d) of this section, unless such an amendment or revision
amends this section to permit such an appointment.
A member of the Board shall be suspended or removed by the Governor for
misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A
member subject to disciplinary hearing shall be disqualified from Board business until the charge
is adjudicated or the matter is otherwise concluded. A Board member may appeal any
suspension or removal to the Superior Court.
No member of the Board, while serving on the Board, shall hold elective office in
any professional association of geologists; this includes a prohibition against serving as head of
the professional association's Political Action Committee (PAC).
The provisions of Chapter 58, Title 29 of the Delaware Code shall apply to all
members of the Board.
Any member, who is absent without adequate reason for three consecutive meetings,
or fails to attend at least half of all regular business meetings during any calendar year, shall be
guilty of neglect of duty.
772 Chapter 298
Vol. 71
(j) Each member of the Board shall be reimbursed for all expenses involved in each
meeting, including travel according to Division of Professional Regulation policy; and, in
addition shall receive not more than $50 for each meeting attended but not more than $500 in any
calendar year. After 10 meetings have been attended, the member shall not be compensated for
any subsequent meetings attended in that year.
§3604. Organization: meetings: officers: quorum,
The Board shall hold regularly scheduled business meetings at least once in each
quarter of a calendar year, and at such times as the President deems necessary, or, at the request
of a majority of the Board members.
The Board annually shall elect a President, Vice-President and Secretary. Each
officer shall serve for one year, and shall not succeed himself or herself for more than two
consecutive terms.
A majority of the members shall constitute a quorum for the purpose of transacting
business. No disciplinary action shall be taken without the affirmative vote of at least four
members of the Board.
Minutes of all meetings shall be recorded, and copies shall be maintained by the
Division of Professional Regulation. At any hearing where evidence is presented, a record from
which a verbatim transcript can be prepared shall be made. The expense of preparing any
transcript shall be incurred by the person requesting it.
§3605. Records.
The Division of Professional Regulation shall keep a register of all approved applications
for license as a geologist, and complete records relating to meetings of the Board, examinations,
rosters, changes and additions to the Board's rules and regulations, complaints, hearings and such
other matters as the Board shall determine. Such records shall be prima facie evidence of the
proceedings of the Board.
§3606. Powers and duties.
(a) The Board of Geologists shall have aUthority to:
Formulate rules and regulations, with appropriate notice to those affected; all
rules and regulations shall be promulgated in accordance with the procedures specified in the
Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a
specific section of this Chapter.
Designate the application form to be used by all applicants, and to process all
applications;
Designate the written, standardized examination administered by the National
Association of State Boards of Geology (ASBOG) to be taken by all persons applying for
licensure; applicants who qualify for licensure by reciprocity shall have achieved a passing score
on all parts of the ASBOG examination or a comparable, altemative national or regional
examination, if a national examination is not available;
Establish minimum education, training, and experience requirements for
licensure as geologists;
Evaluate the credentials of all persons applying for a license to practice
geology in Delaware, in order to determine whether such persons meet the qualifications for
licensing set forth in this Chapter.
Grant licenses to, and renew licenses of, all persons who meet the
qualifications for licensure;
Chapter 298 773
Vol. 71
Require all technical submissions to be stamped with the impression of the
state-licensed geologist's seal;
Establish by rule and regulation continuing education standards required for
license renewal;
Evaluate certified records to determine whether an applicant for licensure,
who previously has been licensed, certified, or registered in another jurisdiction to practice
geology, has engaged in any act or offense that would be grounds for disciplinary action under
this Chapter and whether there are disciplinary proceedings or unresolved complaints pending
against such applicant for such acts or offenses;
Refer all complaints from licensees and the public concerning licensed
geologists, or concerning practices of the Board or of the profession, to the Division of
Professional Regulation for investigation pursuant to §8807 of Title 29 of the Delaware Code;
and assign a member of the Board to assist the Division in an advisory capacity with the
investigation of the technical aspects of the complaint;
,(12) Conduct hearings and issue orders in accordance with procedures established
pursuant to this Chapter, Chapter 101 of Title 29 of the Delaware Code. Where such provisions
conflict with the provisions of this Chapter, this Chapter shall govern. The Board shall
determine whether or not a geologist shall be subject to a disciplinary hearing, and if so, shall
conduct such hearing in accordance with this Chapter and the Administrative Procedures Act.
(13) Where it has been determined after a hearing, that penalties or sanctions
should be imposed, to designate and impose the appropriate sanction or penalty after time for
appeal has lapsed.
Subchapter II. J leen%
*3607. License required.
No person shall engage in,the practice of geology or hold himself or herself out to the
public in this State as being qualified to practice geology; or use in connection with his or her
name, or otherwise assume *or use, any title or description conveying or tending to convey the
impression that he or she is qualified to practice geology, unless such person has been duly
licensed under this Chapter.
Whenever a license to practice as a geologist in this State has expired or been
suspended or revoked, it shall be unlawful for the person to practice geology in this state.
*3608. Qualifications of applicant: report to Attorney General: judicial review.
(a) An applicant who is applying for licensure as a geologist under this Chapter shall
submit evidence, verified by oath and satisfactory to the Board, that such person:
(I) has received a degree from an accredited college or university with a major-in
geology; or, has completed 30 credit hours of geology or its subdisciplines, of which 24 credits
are third or fourth year courses or graduate courses;
has acquired five years of experience in geologic work satisfactory to the
Board and as defined in its rules and regulations;
has achieved the passing score on all parts of the written, standardized
examination administered by the National Association of State Boards of Geology (ASBOG), or
its successor;
shall not have been the recipient of any administrative penalties regarding his
or her practice of geology, including but not limited to fines, formal reprimands, license
suspensions or revocation, (except for license revocations for nonpayment of license renewal
fees), probationary limitations, and/or has not entered into any 'consent agreements' which
contain conditions placed by a Board on his or her professional conduct and practice, including
any voluntary surrender of a license;
(5) shall not have any impairment related to drugs, alcohol, or a finding of mental
incompetence by a physician that would limit the applicant's ability to undertake the practice of
geology in a manner consistent with the safety of the public;
shall not have been convicted of a felony;
shall not have a criminal conviction record, nor pending criminal charge
relating to an offense, the circumstances of which substantially relate to the practice of geology.
Applicants who have criminal conviction records or pending criminal charges shall require
appropriate authorities to provide information about the record or charge directly to the Board in
sufficient specificity to enable the Board to make a determination whether the record or charge is
substantially related to the practice of geology.
Where the Board has found to its satisfaction that an applicant has been intentionally
fraudulent, or that false information has been intentionally supplied, it shall report its findings to
the Attorney General for further action.
Where the application of a person has been refused or rejected and such applicant
feels that the Board has acted without justification; has imposed higher or different standards for
him or her than for other applicants or licensees; or has in some other manner contributed to or
caused the failure of such application, the applicant may appeal to the Superior Court.
§3609 Reciprocity.
(a) Upon payment of the appropriate fee and submission and acceptance of a written
application on forms provided by the Board, the Board shall grant a license to each applicant
who shall present proof of current licensure in good standing in another state, the District of
Columbia, or territory of the United States, whose standards for licensure are substantially
similar to those of this State; and who meets the following criteria:
his or her license is in good standing as defined in §3608(a)(4), (5), (6), and
(7), of this Chapter; and
has achieved the passing score on all parts of the written, standardized
examination administered by the National Association of State Boards of Geology (ASBOG), or
its successor; unless at the time the applicant became licensed in the state, District of Columbia,
or territory of the United States, from which he or she is applying, the examination prepared
under the authority of ASBOG, or subsequent examination(s) prepared under the authority of
ASBOG was/were not required by the state of Delaware.
(b) An applicant, who is licensed or registered in a state whose standards are not
substantially similar to those of this state, shall have practiced for a minimum of five years in the
state in which he or she currently is, or has been licensed; provided however, that he or she meets
all other qualifications for reciprocity in this subsection.
(c) An applicant, who is a graduate of a foreign college or university with a major in
geology; or, who has completed 30 credit hours of geology or its subdisciplines, of which 24
credits are third or fourth year courses or graduate courses, must submit a certified copy of his or
her college or university record for evaluation by the Board.
§3610. Ects.
The amount to be charged for each fee imposed unuer this Chapter shall approximate and
reasonably reflect all costs necessary to defray the expenses of the Board, as well as the
proportional expenses incurred by the Division of Professional Regulation in its service on behalf
of the Board. There shall be a separate fee charged for each service or activity, but no fee shall
be charged for a purpose not specified in this Chapter. The application fee shall not be combined
with any other fee or charge. At the beginning of each licensure biennium, the Division of
774 Chapter 298
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Chapter 298
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Professional Regulation, or any other state agency acting in its behalf, shall compute, for each
separate service or activity, the appropriate Board fees for the licensure biennium.
§3611 Issuance and renewal of licenses.
The Board shall issue a license to each applicant, who meets the requirements of this
Chapter for licensure as a geologist and who pays the fee established under §3610 of this
Chapter.
Each license shall be renewed biennially, in such manner as is determined by the Division
of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal
form provided by the Division of Professional Regulation, and proof that the licensee has met the
continuing education requirements established by the Board.
The Board, in its rules and regulations, shall determine the period of time within which a
licensed geologist may still renew his or her license, notwithstanding the fact that such licensee
has failed to renew on or before the renewal date.
§3612. Grounds for discipline
(a) A practitioner licensed under this Chapter shall be subject to distiplinary actions set
forth in §3616 of this Chapter, if, after a hearing, the Board finds that the geologist:
has employed or knowingly cooperated in fraud or material deception in order
to acquire a license as a geologist; has impersonated another person holding a license, or allowed
another person to use his or her license, or aided or abetted a person not licensed as a geologist to
represent himself or herself as a geologist;
has illegally, incompetently or negligently practiced geology;
has been convicted of a felony;
has been convicted of any offense, the circumstances of which substantially
relate to the practice of geology. A copy of the record of conviction certified by the clerk of the
court entering the conviction shall be conclusive evidence therefor;
has excessively used or abused drugs either in the past two years or currently;
excessive use or abuse of drugs shall mean any use of narcotics, controlled substances, or illegal
drugs without a prescription from a licensed physician, or the abuse of alcoholic beverage such
that it impairs the practitioner's ability to perform the work of a geologist;
has engaged in an act of consumer fraud or deception; engaged in the restraint
of competition; or participated in price-fixing activities;
has violated a lawful provision of this Chapter, or any lawful regulation
established thereunder;
has had his or her license as a geologist suspended or revoked, or other
disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided,
however, that the underlying grounds for such action in another jurisdiction have been presented
to the Board by certified record; and the Board has determined that the facts found by the
appropriate authority in the other jurisdiction constitute one or more of the acts defined in this
Chapter. Every person licensed as a geologist in this State shall be deemed to have given consent
to the release of this information by the Board of Geologists or other comparable agencies in
another jurisdiction and to waive all objections to the admissibility of previously adjudicated
evidence of such acts or offenses;
has failed to notify the Board that his or her license as a geologist in another
state has been subject to discipline, or has been surrendered, suspended or revoked. A certified
copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive
evidence thereof; or
775
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Vol. 71
(10) has a physical condition such that the performance of geology is or may be
injurious or prejudicial to the public.
Where a practitioner fails to comply with the Board's request that he or she attend a
hearing, the Board may petition the Superior Court to order such attendance, and the said Court
or any judge assigned thereto shall have the jurisdiction to issue such order.
Subject to the provisions of this Chapter and Subchapter IV of Chapter 101 of Title
29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and
no practitioner's right to practice geology shall be limited by the Board until such practitioner
has been given notice, and an opportunity to be heard, in accordance with the Administrative
Procedures Act.
§3613. Complaints.
All complaints shall be received and investigated by the Division of Professional
Regulation in accordance with §8807 of Title 29 of the Delaware Code, and the Division shall be
responsible for issuing a final written report at the conclusion of its investigation.
When it is determined that an individual is engaging, or has engaged, in the practice
of geology, or is using the title 'geologist' and is not licensed under the laws of this State, the
Board shall apply to the Office of the Attorney General to issue a cease and desist order after
formally warning the unlicensed practitioner in accordance with the provisions of this Chapter.
§3614. Disciplinary sanctions.
(a) Tht Board may impose any of the following sanctions, singly or in combination,
when it finds that one of the conditions or violations set forth in §3612 of this Chapter applies to
a practitioner regulated by this Chapter;
(1) Issue a letter of reprimand;
(2) Censure a practitioner;
(3) Place a practitioner on probationary status, and require the
practitioner to:
report regularly to the Board upon the matters which are
the basis of the probation;
limit all practice and professional activities to those
areas prescribed by the Board;
(4) Suspend any practitioner's license;
(5) Revoke any practitioner's license;
(6) Impose a monetary penalty not to exceed $500 for each
violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the
deficiencies which required such action have been remedied.
(c) The Board may temporarily suspend a practitioner's license in advance of a final
adjudication, during the appeals process, but, only in cases where there is clear and immediate
danger to the health and safety and welfare of the public if the licensee is allowed to continue to
practice. Such suspension may be appealed to Superior Court.
(d) Where a license has been suspended due to a disability of the licensee, the Board may
reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice
with reasonable skill and safety.
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(e) As a condition to reinstatement of a suspended license, or removal from probationary
status, the Board may impose such disciplinary or corrective measures as are authorized under
this Chapter.
§3615. blearing,procedures.
If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware
Code, alleging violation of §3612 of this Chapter, the Board shall set a time and place to conduct
a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be
conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the
Delaware Code.
All hearings shall be informal without use of rules of evidence. If the Board finds, by
a majority vote of all members, that the complaint has merit, the Board shall take such action
permitted under this Chapter as it deems necessary. The Board's decision shall be in writing and
shall include its reasons for such decision. The Board's decision shall be mailed immediately to
the practitioner.
Where the practitioner is in disagreement with the action of the Board, he or she may
appeal the Board's decision to the Superior Court within 30 days of service, or of the postmarked
date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the
evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the
Delaware Code.
§3616.. Reinstatement of a suspended license: removal from probationary status: replacement of
license,
(a) As a condition to reinstatement of a suspended license, or removal from probationary
status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the
licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions
of the suspension and/or the probation.
(b) Where a license or registration has been suspended due to the licensee's inability to
practice pursuant to this Chapter, the Board may reinstate such license, if, after a hearing, the
Board is satisfied that the licensee is again able to perform the essential functions of a geologist,
with or without reasonable accommodations; and/or, there is no longer a significant risk of
substantial harm to the health and safety of the individual or others.
(c) Applicants for reinstatement must pay the appropriate fees and submit documentation
required by the Board as evidence that all the conditions of a suspension and/or probation have
been met. Proof that the applicant has met the continuing education requirements of this Chapter
may also be required, as appropriate.
(d) A new license to replace any license lost, destroyed or mutilated may be issued
subject to the rules of the Board. A charge shall be made for such issuance.
Subchapter III Other Provisions
§3617. Exemptions.
Nothing in this Chapter shall be construed to prevent persons engaged solely in
teaching the science of geology from continuing to engage in the act of teaching the science of
geology;
Nothing in this Chapter shall be construed to prevent the practice of geology by
persons working under the direct supervision of a Delaware licensed geologist; such licensed
geologist shall be responsible for the activities of unlicensed persons practicing geology in this
state. The supervising licensed geologist shall inform the Board of the unlicensed practice of
geology.
§3618. Penalty,
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A person not currently licensed as a geologist under this Chapter, when guilty of
engaging in the practice of geology, or using in connection with his or her name, or otherwise
assuming or using any title or description conveying, or tending to convey the impression that he
or she is qualified to practice geology, such offender shall be guilty of a misdemeanor. Upon the
first offense, he or she shall be fined not less than $500.00 dollars nor more than $1,000 dollars
for each offense. For a second or subsequent conviction, the fine shall.be not less than $1,000.00
nor more than $2,000.00 for each offense. Justice of the Peace Court shall have jurisdiction over
all violations of this Chapter.
§3619. Seal
Every geologist licensed in this State shall have a seal of a design authorized by the
Board by regulation. All technical submissions prepared by such geologist, or under his or her
direct supervision, shall be stamped with the impression of his or her seal. No licensed geologist
shall impress his or her seal on any technical submission unless it has been prepared under his or
her direct supervision."
Section 2. Rules and Regulations,
Rules and regulations in effect on the date of enactment of this Act shall remain valid to
the extent they are not inconsistent with this Act.
Section 3. Reorganized Board appointments.
Members of the reorganized Board shall be appointed so that the terms of one
professional member and one public member shall expire one year after the initial appointment;
the terms of one professional member and one public member shall expire two years after the
initial appointment; and the terms of two professional members and one public member shall
expire three years after the initial appointment; thereafter, appointments shall be made for a term
of three years.
Section 4 Administrative Procedures Act.
Amend paragraph (34), subsection (a), §10161, Title 29 of the Delaware Code by striking
the words "Registration of': as the same appear in said paragraph.
Section 5. Division of Professional Regulation.
Amend paragraph (22), subsection (a), §8807, Title 29 of the Delaware Code by striking
the words "registration of" as the same appear in said paragraph.
Approved June 17, 1998
Chapter 299 779
Vol. 71
CHAPTER 299
FORMERLY
HOUSE BILL NO. 442
AS AMENDED BY HOUSE AMENDMENT NOS. 1 AND 2
AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD
OF COSMETOLOGY AND BARBERING, AND COMPLAINTS REGARDING NAIL
SALONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Section 5112(a), Title 24 of the Delaware Code by deleting the second
sentence of the paragraph and replacing as follows: "Investigators of the Department of
Professional Regulation may enter any nail salon, beauty shop or barber shop in furtherance of
their investigation. Upon a determination that an indivicival practicing cosmetology, barbering,
electrology or nail technology without a license, the investigator shall request that a Justice of the
Peace Court issue a summons for a violation of Section 5116(c) or (d), as applicable of this Title.
The investigator or the Attorney General or their designee, or any other person authorized by law
shall prosecute the matter. A copy of the investigator's report, including the summons and
complaint, shall be sent to the Board. A condition of bond shall be that the accused shall not
practice the regulated conduct without first obtaining a license from the Division,. and any
violations of bond shall be treated as criminal contempt, pursuant to Title 11 of the Delaware
Code §1271(3)."
Section 2. Amend Section 5116 of Title 24 of the Delaware Code by deleting
subparagraph (a) and relettering the remaining paragraph as (a), (b) and (c).
Approved June 17, 1998
780 Chapter 300
Vol. 71
CHAPTER 300
FORMERLY
HOUSE BILL NO. 486
AN ACT TO AMEND CHAPTER 98, TITLE 16 OF THE DELAWARE CODE, RELATING
TO INITIAL TRAINING OF PARAMEDICS EMPLOYED BY A COUNTY
PURSUANT TO THIS CHAPTER.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend § 9803(a)(1), Title 16 of the Delaware Code, by striking the words
"and assisting as requested in the recruitment of such persons and their referral and admission to
approved training programs," as they appear therein.
Section,2. Amend § 9803(a), Title 16 of the Delaware Code, by designating the existing
paragraphs (2) through (5) as (3) through (6) and adding a new paragraph thereto to read as
follows:
"(2) Advise in the development of standards for the selection of students to the
didactic, clinical, and field training portion of paramedic advanced training."
Section 3. Amend § 9805(8), Title 16 of the Delaware Code, by striking the existing text
in its entirety, and substituting in lieu thereof the following:
"Develop rules governing the operation of programs that provide paramedical
instruction to ensure compliance with the ALS Standards of the Board of Medical
Practice."
Section 4. Amend § 9806(b), Title 16 of the Delaware Code, by adding a new numbered
paragraph thereto to read as follows:
"(7) Provide medical direction for all paramedical training programs, initial,
recertification, and continuing education, in accordance with the ALS Standards of the
Board of Medical Practice."
Section 5. Amend § 9808(b), Title 16 of the Delaware Code, by striking said subsection
as it appears therein and substituting in lieu thereof the following:
"(b) Any paramedic employed by a county or its subcontractor must be certified
by the Administrator and the State Paramedic Medical Director in accordance with the
standards of the Board. Direct initial training costs shall be paid partially at state
expense, based on the results of an annual needs assessment conducted by the Office.
Recertification training and testing costs for those paramedics employed under this
Chapter shall be paid at state expense."
Section 6. Amend § 9814, Title 16 of the Delaware Code, by adding a new subsection
thereto to read as follows:
"(j) The Office shall distribute, by contract or otherwise, all state funds used for
paramedic training programs."
Approved June 24, 1998
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CHAPTER 301
FORMERLY
HOUSE BILL NO. 378
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE
LICENSURE OF RESIDENTIAL AND NONRESIDENTIAL CHILD CARE
FACILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend §9003(7), Title 29 of the Delaware Code, by adding the following
language at the end of said subsection:
"Provided, however, that no license for a residential or nonresidential child care
facility to be operated within the corporate limits of the City of Wilmington shall be
granted until the applicant has provided the Departmeft with verification of licensure by
the City of Wilmington to operate a childcare facility."
Approved June 25, 1998
CHAPTER 302
FORMERLY
HOUSE BILL NO. 596
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC
LIQUORS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Section 101(9), Title 4 of the Delaware Code by adding after the last
sentence the following:
"A public golf course, open to all members of the public, whether privately or
publicly owned, whose primary purpose is the operation of a golf course shall be included
within meanings of this definition. Members of the public, utilizing the golf facility,
shall be considered guests of the club."
Section 2. Amend Section 101(25)c, Title 4 of the Delaware Code by adding thereto a
new subparagraph, designated as subparagraph d., which new subparagraph shall read as follows:
"d. A public golf course, as defined in paragraph 9 of this section, may be
licensed as a multiple activity club, however, is not subject to the requirements as setforth
in subparagraph c. of this paragraph."
Section 3. The provision of this Bill shall be construed to permit the Delaware Alcoholic
Beverage Control Commission to grant multiple activity club licenses to public golf courses.
Section 4. This Bill shall become effective 6 months after enactment enabling the
Delaware Alcoholic Beverage Control Commission to adopt rules and regulations for the sale of
alcoholic liquors on public golf courses.
Approved June 25, 1998
782 Chapter 303
Vol. 71
CHAPTER 303
FORMERLY
HOUSE BILL NO. 314
AN ACT TO AMEND CHAPTER 88, TITLE 29 OF THE DELAWARE CODE RELATING
TO THE DEPARTMENT OF ADMINISTRATIVE SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend § 8810, Title 29, of the Del. C. by adding a new subsection thereto to
read as follows:
"(m) Unless otherwise provided by law, any Board within the Division of
Professional Regulation may adopt through its Rules and Regulations the Voluntary
Treatment Option for Chemically Dependent or Impaired Professionals for the treatment
of chemically dependent or impaired persons regulated by such Board. The Voluntary
Treatment Option for Chemically Dependent or Impaired Professionals shall be available
to a regulated professional of a participating Board, provided the regulated professional
has not committed any offense, other than the status of being chemically dependent or
impaired, which otherwise constitutes a ground for discipline under applicable laws
governing the regulated professional. The participating Board may defer and ultimately
take no disciplinary action with regard to an eligible chemically dependent or impaired
regulated professional who voluntarily signs an agreement, in a form satisfactory to the
participating Board, agreeing to the terms and conditions specified in the Voluntary
Treatment Option. The Board, where it deems appropriate, may proceed with
disciplinary action with regard to a disciplinary offense alleged to have occurred prior to
the professional's entry into the Voluntary Treatment Option. Any person regulated by a
participating Board may refer himselYherself into this Voluntary Treatment Option. Any
member of the public, or member of the participating professions regulated by the
Division of Professional Regulation may make a written report, signed by the
complainant, of chemical dependency or impairment affecting any person regulated by a
participating Board within the Division of Professional Regulation to the appropriate
Board chairperson, her or his designate, or designates, or directly to the Director of the
Division of Professional Regulation or his/her designate. Failure to provide such a report
may be considered grounds for disciplinary action against a regulated professional so
failing to report, if such grounds for disciplinary action are provided in the participating
Board's statutes, rules, or regulations. When a report is received indicating that a
regulated professional of a participating Board may be chemically dependent or impaired,
the Boards or Commissions subject to this Voluntary Treatment Option for Chemically
Dependent or Impaired Professionals shall follow the following procedures:
(I) If the report is received by the chairperson of the regulatory Board,
that chairperson shall immediately notify the Director of Professional Regulation
or his/her designate of the report. If the Director of Professional Regulation
receives the report, he/she shall immediately notify the chairperson of the
regulatory Board, or that chairperson's designate or designates.
The chairperson of the regulatory Board or that chairpersons'
designate or designates shall, within seven (7) days of receipt of the report,
contact the individual in question and inform him/her in writing of the report,
provide the individual written information describing the Voluntary Treatment
Option, and give him/her the opportunity to enter the Voluntary Treatment
Option.
In order for the individual to participate in the Voluntary Treatment
Option, he/she shall agree to submit to a voluntary drug and alcohol screening and
evaluation at a specified laboratory or health care facility. This initial evaluation
Chapter 303 783
Vol. 71
and screen shall take place within thirty (30) days following notification to the
professional by the participating Board chairperson or that chairpersons'
designate(s).
A regulated professional with chemical dependency or impairment due
to addiction to drugs or alcohol may enter into the Voluntary Treatment Option
and continue to practice, subject to any limitations on practice the participating
Board chairperson or that chairperson's designate or designates or the Director of
the Division of Professional Regulation or his/her designate may, in consultation
with the treating professional, deem necessary, only if such action will not
endanger the public health, welfare or safety, and the regulated professional enters
into an agreement with the Director of Professional Regulation or his/her
designate and the chairperson of the participating Board or that chairperson's
designate for a treatment plan and progresses satisfactorily in such treatment
program and complies with all terms of that agreement. Treatment programs may
be operated by professional Committees and Associations or other similar
professional groups with the approval of the Director of Professional Regulation
and the Chairperson of the participating Board.
Failure to cooperate fully with the participating Board chairperson or
that chairperson's designate or designates os the Director of the Division of
Professional Regulation or his/her designate in regard to the Voluntary Treatment
Option or to comply with their requests for evaluations and screens may
disqualify the regulated professional from the provisions of the Voluntary
Treatment Option, and the participating Board chairperson or that chairperson's
designate or designates shall cause to be activated an immediate investigation and
institution of disciplinary proceedings, if appropriate, as outlined in subsection
(h), § 8810 of this title.
The Voluntary Treatment Option may require a regulated professional
to enter into an agreement which includes, but is not limited to, the following
provisions:
Entry of the regulated professional into a treatment program
approved by the participating Board. Board approval shall not require that
the regulated professional be identified to the Board. Treatment and
evaluation functions must be performed by separate agencies to assure an
unbiased assessment of the regulated professional's progress.
Consent to the treating professional of the approved treatment
program to report on the progress of the regulated professional to the
chairperson of the participating Board or to that chairperson's designate or
designates or to the Director of the Division of Professional Regulation or
his/her designate at such intervals as required by the chairperson of the
participating Board or that chairperson's designate or designates or the
Director of the Division of Professional Regulation or his/her designate,
and such person making such report will not be liable when such reports
are made in good faith and without malice.
Consent of the regulated professional, in accordance with
applicable law, to the release of any treatment information from anyone
within the approved treatment program.
Agreement by the regulated professional to be personally
responsible for all costs and charges associated with the Voluntary
Treatment Option and treatment program(s). In addition, the Division of
Professional Regulation may assess a fee to be paid by the regulated
professional to cover administrative costs associated with the Voluntary
Treatment Option. The amount of the fee imposed under this paragraph
shall approximate and reasonably reflect the costs necessary to defray the
expenses of the participating Board, as well as the proportional expenses
783
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Vol. 71
incurred by the Division of Professional Regulation in its services on
behalf of the Board in addition to the administrative costs associated with
the Voluntary Treatment Option.
Agreement by the regulated professional that failure to
satisfactorily progress in such treatment program shall be reported to the
participating Board's chairperson, or his/her designate or designates or to
the Director of the Division of Professional Regulation or his/her
designate by the treating professional who shall be immune from any
liability for such reporting made in good faith and without malice.
Compliance by the regulated professional with any terms or
restrictions placed on professional practice as outlined in the agreement
under the Voluntary Treatment Option.
' (7) The regulated professional's records of participation in the Voluntary
Treatment Option will not reflect disciplinary action and shall not be considered
public records open to public inspection. However, the participating Board may
consider such records in setting a disciplinary sanction in any future matter in
which the regulated professional's chemical dependency or impairment is an
issue.
The participating Board's chairperson, his/her designate or designates
or the Director of the Division of Professional Regulation or his/her designate
may, in consultation with the treating professional at any time during the
voluntary Treatment Option, restrict the practice of a chemically dependent or
impaired professional if such action is deemed necessary to protect the public
health, welfare or safety.
If practice is restricted, the regulated professional may apply for
unrestricted licensure upon completion of the program.
Failure to enter into such agreement or to comply with the terms and
make satisfactory progress in the treatment program shall disqualify the regulated
professional from the provisions of the Voluntary Treatment Option, and the
participating Board shall be notified and cause to be activated an immediate
investigation and disciplinary proceedings as appropriate.
Any person who reports pursuant to this section in good faith and
without malice shall be immune from any civil, criminal or disciplinary liability
arising from such reports, and shall have his/her confidentiality protected if the
matter is handled in a non-disciplinary matter.
Any regulated professional who complies with all of the terms and
completes the Voluntary Treatment Option shall have his/her confidentiality
protected unless otherwise specified in a participating Board's Rules and
Regulations. In such an instance, the written agreement with the regulated
professional shall include the potential for disclosure and specify those to whom
such information may be disclosed."
Approved June 25, 1998
Chapter 304
Vol. 71
CHAPTER 304
FORMERLY
HOUSE BILL NO. 641
AN ACT RELATING TO THE WAIVER OF STATUTORY PROVISIONS OF TITLE 13 OF
THE DELAWARE CODE CONCERNING THE SOLEMNIZATION OF
MARRIAGES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amy Beth Cohen and Thomas W. Waniewski are hereby exempted from the
provisions of 13 Del. C § 106(a) which designates who may solemnize marriages; and the
Honorable Roxana C. Arsht, retired Family Court judge, is hereby authorized to solemnize the
marriage between Amy Beth Cohen and Thomas W. Waniewski on August 23, 1998, in the City
of Wilmington, County of New Castle, State of Delaware. The Clerk of the Peace for the County
of New Castle shall issue to Amy Beth Cohen and Thomas W. Wi)ealniEwski an official marriage
license pursuant to this Act, notwithstanding the provisions of 13 (7. § 106 to the contrary.
Approved June 25, 1998
785
786 Chapter 305
Vol. 71
CHAPTER 305
FORMERLY
HOUSE BILL NO. 519
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE
COUNCIL ON VOLUNTEER SERVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking in its
entirety the section heading as it appears therein and by substituting in lieu thereof the following:
"§ 7914A. Governor's Council on Volunteer Services."
Section 2. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking
subsection (a) in its entirety as it appears therein and by substituting in lieu thereof the following:
The Governor's Council on Volunteer Services is established and shall serve
in an advisory capacity to the Administrator of the State Office of Volunteerism and shall
consider matters relating to volunteer services in this State and such other matters as may
be referred to it by the Governor, the Secretary of the Department of Health and Social
Services, the Director of the Division of State Service Centers, or the Administrator of the
State Office of Volunteerism. The Council may study, research, plan, and advise the
Administrator, the Director, the Secretary and the Governor on matters it deems
appropriate to enable the State Office of Volunteerism to function in the best possible
manner."
Section 3. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking
subsection (b) as it appears therein and by substituting in lieu thereof the following:
The Governor's Council on Volunteer Services shall be composed of
seventeen (17) members, to include:
one representative from each of the five committees which serve in an
advisory capacity to the volunteer programs that are directly administered by the
State Office of Volunteerism; and
twelve (12) representatives reflecting the broad diversity of the State,
including members from the public sector, the private nonprofit sector, and the
business community."
Section 4. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code by striking the
numeral "1" as it appears therein in the last sentence of subsection (c) and by substituting in lieu
thereof the numeral "2"; and by striking the word "term" as it appears therein as the final word of
subsection (c) and by substituting in lieu thereof the word "terms".
Section 5. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking the
numeral "1" as it appears therein in the last sentence of subsection (e) and by substituting in lieu
thereof the numeral "2"; and by striking the word "term" as it appears therein as the final word of
subsection (e) and by substituting in lieu thereof the word "terms".
Section 6. Amend § 7914A, Chapter 79, Title 29 of the Delaware Code, by striking the
word "Absence" as it appears therein as the first word of the last sentence in subsection (f) of
Section 7914A, and by substituting in lieu thereof the phrase "Unexcused absence".
Approved June 25, 1998
r11111111111111.1111.11",
Chapter 306 787
Vol. 71
CHAPTER 306
FORMERLY
SENATE BILL NO. 301
AN ACT TO AMEND TITLE 11, CHAPTER 65, SECTION 6535 RELATING TO
DISCIPLINE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend Title 11, Section 6535, Delaware Code by deleting the second
sentence thereof and replacing it with the following sentence: "Prisoners of the Department shall
have access to those portions of the disciplinary rules that apply to them, at places and times
deemed reasonable and appropriate by the Commissioner."
Approved June 25, 1998
CHAPTER 307
4
FORMERLY
HOUSE BILL NO. 480
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ASSAULT IN
THE SECOND DEGREE.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend §612(a)(3) of Title II by inserting after the phrase "full-time
firefighter" the following "or correctional officer or sheriff or deputy sheriff".
Approved June 25, 1998
788 Chapter 308
Vol. 71
CHAPTER 308
FORMERLY
HOUSE BILL NO. 569
AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO EXTREMELY
HAZARDOUS SUBSTANCES RISK MANAGEMENT ACT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Chapter 77, Title 7 of the Delaware Code by striking said Chapter in
its entirety and substituting in lieu thereof the following new Chapter 77 to read as follows:
"Chapter 77. Extremely Hazardous Substances Risk Management Act.
§ 7701. Short title.
This chapter shall be known and may be cited as the 'Extremely Hazardous
Substances Risk Management Act.'
§ 7702. Findings.
The General Assembly finds that a portion of Delaware's population is
potentially exposed to accidental releases of extremely hazardous substances (EHS)
which could cause deaths or permanent disabilities to persons experiencing short-term
exposure to those substances.
The General Assembly also finds that although modem technology, operating
systems, inspection and monitoring programs and other safeguards cannot guarantee that
catastrophic releases of EHS, generation of pressure waves, or thermal exposure will not
occur, a well conceived and vigorously managed risk management program can reduce
the likelihood of such occurrences.
The General Assembly further finds that there is a need to educate the public,
the business community, and every person associated with EHS about the risks of EHS,
and the measures that can be taken to minimize the probability of catastrophic events
associated with EHS.
The Department adopted the Delaware "Regulation for the Management of
Extremely Hazardous Substances" on September 25, 1989 and modified this regulation
on December 18, 1995 in accordance with the provisions of this chapter.
The General Assembly finds that the United States Congress authorized the
United States Environmental Protection Agency (EPA) and the United States Department
of Labor, Occupational Safety and Health Administration (OSHA) to develop similar
federal requirements in the Clean Air Act Amendments of 1990. OSHA promulgated its
standard (29 CFR 1910.119) on February 24, 1992. EPA promulgated its list rule (40
CFR 9 and 68) on January 31, 1994. Additionally, EPA promulgated its Accidental
Release Requirements rule (40 CFR Part 68) on June 20, 1996. The Clean Air Act
Amendments of 1990 allows for the delegation of the federal EPA authority for the
Accidental Release Requirement rule to a state implementing agency.
(0 The Department shall undertake the delegation of EPA's authority by the
regulatory revision process enacted in this chapter. The Department shall act to maintain
EPA's delegated authority once it is obtained. The Delaware "Regulation for the
Management of Extremely Hazardous Substances" which became effective on September
25, 1989 and was modified on December 18, 1995 shall remain in effect until the revised
regulation becomes effective on or before June 21, 1999.
§ 7703. Purpose, goal and scope.
The purpose of this chapter is to protect the lives and health of citizens of the
State living and working in the vicinity of facilities with extremely hazardous substances.
This chapter is concerned with the prevention of sudden releases of EHS and
the generation of pressure waves and thermal exposures beyond the property boundaries
of the facility where they occur and the catastrophic health consequences caused by short-term
exposures to such accidental releases. This chapter has the goal of prevention of
such catastrophic events by requiring responsible person(s) having extremely hazardous
substances on-site to take all feasible actions needed to minimize the probability of
catastrophic events. It is the intent of this chapter to complement and be enforced in
conjunction with other laws. The Department may, by regulation, exempt or establish a
greater threshold quantity for an agriculture nutrient when exclusively used as an
agricultural nutrient and held by a farmer. The Department shall, by regulation,
determine whether other laws provide equal or more stringent protection according to the
purpose of this chapter. In such instances, the Department may exempt a process
containing an EHS from all or part of the elements of the risk management program
developed under § 7710 of this chapter.
Responsible person(s) from a regulated fvility may select cost-effective
methods of achieving the purpose of this chapter where a risk management program
appropriate to the risk is in effect. EHS already under the jurisdiction of other laws may
continue to be used subject to the provisions of this chapter. Individual containers of
EHS for retail sale only are not regulated by this chapter.
§ 7704. Policy and General Duty.
The General Assembly believes that every person in control of or associated
with an EHS is responsible for operating in a manner consistent with the purpose of this
chapter. It is their obligation to develop and implement a risk management program that
anticipates and minimizes the chances of catastrophic events. The facility risk
management plan and the risk management program implementation shall be subject to
review by the Department. It shall be the objective of the regulations and programs
established under this chapter to prevent accidental releases and to minimize the
consequehces of any such release of any substance listed pursuant to § 7707 of this title
or any other extremely hazardous substance. Every person in control of or associated
with any such substance that is produced, processed, handled or stored has a general duty
to identify hazards which may result from such releases using appropriate hazard
assessment techniques, to design and maintain a safe facility taking such steps as are
necessary to prevent releases, and to minimize the consequences of accidental releases
which do occur.
Nothing in this chapter shall be interpreted, construed, implied or applied to
create any liability or basis for suit for compensation for bodily injury or any other injury
or property damages to any person that may result from accidental releases of such
substances.
§ 7705. Definitions.
As used in this chapter:
"Actual Quantity" (AQ) means the sum of all the physical quantities of a
specific EHS in whatever form at the maximum design capacity of the facility.
"A catastrophic event" means a sudden release of a sufficient quantity of an
EHS, a pressure wave or a thermal exposure beyond the property boundaries of a facility
which may cause death or permanent disability to a person because of a single short-term
exposure. In this definition, an accidental fire at a non regulated facility is excluded from
consideration as a catastrophic event creating EHS.
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790 Chapter 308
Vol. 71
"Department" means the Department of Natural Resources and
Environmental Control.
"EPA" means the United States Environmental Protection Agency.
"Extremely hazardous substance list" (EHSL) means a compilation of ENS
that meets the criteria set forth in § 7707 of this title.
"Extremely hazardous substance" (EHS) means a substance in the form of a
gas, liquid, solid, vapor, powder, aerosol or mixture of these states which is listed
pursuant to § 7707 of this title.
"Facility" means an area bounded by a property line where a person has El-IS
present, or the sum of adjacent such areas separated by less than 100 meters under
common management control.
"Inspection Notes" means handwritten statements or descriptions made during
an inspection used to aid memory when preparing the inspection report.
"05I-1A" means the United States Department of Labor, Occupational Safety
and Health Administration.
"Person" means a natural person, partnership, limited partnership, trust,
estate, corporation, custodian, association nominee or any other individual entity in its
own or any representative capacity.
"Release" means the introduction of an EHS into the atmosphere that, by
means of atmospheric dispersion under average atmospheric conditions for Delaware,
will cause an ENS to be conveyed outside of a facility or the generation of a pressure
wave or a thermal exposure beyond the facility's boundary.
"Responsible person(s)" means (i) for a corporation: a president, vice-president,
secretary, or treasurer of the corporation or any other person who performs
similar policy or decision making functions for the corporation, or a duly authorized
representative of such person approved in advance by the Department (which may be the
"contact person" as indicated in the RMP), (ii) for a Partnership, Limited Partnership or
Sole Proprietorship: a general partner or the proprietor, respectively, or the delegation of
authority to a representative approved in advance by the Department (which may be the
"contact person" as indicated in the RMP), or (iii) for a Municipality, State, Federal, or
other public agency: either a principal executive officer, a ranking elected official, or a
duly authorized representative of such person approved by the Department (which may be
the "contact person" as indicated in the RMP),
A "risk management plan" (RMP) is information which shall be submitted
by each EPA regulated facility in a method and format to a central point as specified by
EPA prior to June 21, 1999. This information shall contain an executive summary,
registration, five-year accident history, off-site consequence analysis, prevention program
summary, summary of the emergency response program, and a certification statement by
the facility owner or operator. For substances regulated by Delaware but not regulated by
EPA, the risk management plan shall be submitted in a method and format to a central
point as specified by the Department, by regulation, prior to June 21, 1999. The RMP
from each facility will be made available to the Department, the State Emergency
Response Commission, the Local Emergency Planning Committees, to other state
agencies involved in emergency planning and preparedness and the citizens of the State.
"Risk management program" means all activities intended to reduce risk,
including, but not limited to, the consideration of technology, personnel and facilities,
and is more fully described in § 7710 of this title.
"Secretary" means the Secretary of the Department of Natural Resources and
Environmental Control or his designee.
"A substance hazard index" (SHI) means a calculated number which relates
the relative danger of a substance considering substance toxicity and ability to disperse in
the atmosphere as specified in § 7707 of this title.
"Threshold quantity" (TQ) means the amount of EHS sufficient to cause a
catastrophic event. The threshold quantity shall be calculated based on the criterion
established in § 7707(b) of this title.
"Unit" as used in § 7714 of this chapter is defined as the actual quantity of
EHS on a facility within a process divided by the threshold quantity.
§ 7706. Regulations.
The Secretary may adopt, amend, modify or repeal regulations, after public
hearing, to effectuate the policy and purpose of this chapter. Cost effectiveness, technical
feasibility, risk to public health and risk reduction effectiveness are factors that must be
considered by the Department in making its findings and developing regulations. In no
case shall the costs of risk management program provisions be the deciding factor if the
result would jeopardize the purpose of this chapter.
When developing regulations, the Department shall establish an ad hoc
committee of interested persons. When establishing this committee, the Department shall
solicit the involvement of interested persons such as but not limited to the following:
Secretaries or their designees of the Department of Natural Resources and Environmental
Control, the Department of Agriculture, the Department of Public Safety and the
Department of Health and Social Services; the State Fire Marshal or a designee; a
member of the Delaware Chemical Industry Council; a member of the Delaware State
Chamber of Commerce; a member of the Delaware City Community Awareness
Emergency Response Committee; a member of the Citizens Advisory Committee to the
Department of Natural Resources and Environmental Control; a member of the Delaware
Petroleum Council; and citizens of the State representing public organizations with a
concern for the environment. The Department Secretary (or a designated person) shall
chair the committee.
The regulations developed for this chapter by the Department shall be
periodically reviewed.
In addition, the Department shall develop cooperative agreements as needed
with the Division of Public Health, the Department of Public Safety, Office of the State
Fire Marshall and any other private, public agency or federal agency.
§ 7707. Extremely hazardous substance list.
(a) The Department shall develop and adopt regulations for the identification of
extremely hazardous substances. An EHSL shall be developed based on at least one of
the following criteria:
( 1 ) Extremely toxic substances:
Substances are regulated because of their extreme toxicity, ability
to disperse, and quantity. Each substance shall be assigned a Substance
Hazard Index (SHI) number to rank the risk associated with the substance.
Substances with an SHI greater than or equal to 8000 shall be regulated.
The SRI is derived as follows:
SHI EVG
ATC
Where:
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ATC is the acute toxicity concentration in parts per million defined
as the lowest reported concentration, based on recognized scientific
protocols, that will cause death or permanent disability to humans from an
exposure duration of 1 hour. Extrapolations from various sources of data
are permitted using scientifically recognized methods. If toxicity data
based on recognized scientific protocols are unavailable, the EHS ATC is
set at 10.0 parts per million.
Where:
EVC is the equilibrium vapor concentration at 20°C. defined as the
substance vapor pressure at 20°C. in millimeters of mercury multiplied by
1,000,000 divided by 760. For powders, solids or aerosols, the substance
vapor pressure is replaced by the maximum substance concentration that
can be conveyed in air after a settling distance of 100 meters from the
point of emission.
Explosive substances:
Substances are regulated because of their extreme reactivity,
instability or explosiveness and creation of associated pressure waves,
either inside of confined spaces or in the open atmosphere.
Flammable and combustible substances:
Substances are regulated because of their ability to ignite and burn
rapidly, thus creating the possibility of high thermal exposure. Industry
standards such as National Fire Protection Association, NFPA 30 may be
used as a basis for defining compliance with the terms and conditions of
this chapter.
In developing the EHSL to undertake and maintain the delegation of
EPA's authority, the Department shall, by regulation, consider each of the
following criterion:
The severity of any acute adverse health effects
associated with accidental releases of the substance;
The likelihood of accidental releases of the substance;
and
The potential magnitude of human exposure to the
accidental releases of the substance.
(b) The Department shall develop and adopt regulations which determine the TQ
of each EHS. In developing the TQ for each regulated substance, the Department
shall consider the following:
For extremely toxic substances: The Department shall identify the TQ
of El-IS that require registration and regulation. For a given El-IS, the threshold
quantity shall be calculated based on commonly recognized atmospheric modeling
procedures and mortality/exposure probabilities calculated for an average
individual.
For extremely explosive substances: The threshold quantity shall be
calculated based on commonly recognized procedures to predict the potential
impact of a given substance.
For extremely flammable substances: The threshold quantity shall be
calculated based on commonly recognized procedures to predict the burning
characteristics, fire size, thermal radiation generation and dissipation with
distance and the consequences of a fire. Industry standards such as National Fire
Protection Association "Flammable and Combustible Liquids Code" NFPA 30
may be used as a basis for defining compliance with the terms and conditions of
this chapter.
(4) In developing the threshold quantities for the EHSL to undertake and
maintain the delegation of EPA's authority, the Department shall, by regulation,
take into account the toxicity, reactivity, volatility, ability to disperse,
combustibility, or flammability of the substance and the amount of the substance
which, as a result of an accidental release, is known to- cause or may reasonably be
anticipated to cause death, injury, or serious adverse effects to human health for
which the substance was listed.
The Department shall have the power to amend, by regulation, the
identification of EHS and the EHSL on the basis of information or scientific data that
may become available to the Department.
When the actual quantity of an EHS is greater than or equal to the TQ
established by the Department, a responsible person(s) must:
(I) Submit the information required pursuant to § 7709.
(2) Implement a risk management program pursuant to § 7710.
(3) Pay the annual fee pursuant to * 7714.
When the actual quantity of an EHS is less than the TQ or when any other
hazardous substance is present at a facility, then responsible person(s) must comply with
the General Duty statement pursuant to § 7704(a).
§ 7708. Risk management plan.
Prior to January 1, 1999, the Department shall develop regulations and
appropriate guidance to aid the regulated facilities in Delaware in complying with their
obligations to submit a risk management plan (RMP). It is the belief of the General
Assembly that the federal database of facility RMPs can and should be used to replace the
previous system of state registration.
The Department shall have the authority to develop its own Risk Management
Plan submission process by regulation should the federal system fail to meet the needs of
the Department in carrying out the provisions of this chapter. Should the Department
develop its own RMP submission process, the RMP shall be submitted in a method and
format to a State of Delaware central point as specified by the Department prior to June
21, 1999.
Each facility ItIvIP shall be made available by the Department to the State
Emergency Response Commission, the Local Emergency Planning Committees, to other
state agencies involved in emergency planning and preparedness and to citizens of the
State.
§ 7709. Risk management program.
(a) The Department shall adopt, pursuant to § 7706 of this title, regulations
stating the critical provisions of a risk management program. The provisions will
include, but not be limited to:
Design standards review.
Modification control and documentation of equipment and
procedural changes.
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Hazard Review of all processes and equipment associated with
EHS with an emphasis on preventing, avoiding, minimizing and
containing extreme risks.
Operating instructions.
Maintenance and inspection procedures and requirements for
all equipment in extremely hazardous substance services.
Operator training program with a means of determining
proficiency.
Incident investigation procedures and remedial action
requirement.
Inspection and auditing requirements.
Compliance with each of these provisions must be documented by written
records. Each of these provisions shall be updated as required.
All persons with an actual quantity of an EHS that is equal to or exceeds the
threshold quantity must implement a risk management program appropriate to the
facility risk . Facilities built or modified on or after June 21, 1999 that have a process
containing an EHS; or existing facilities implementing a new process containing an EHS;
or existing facilities introducing a new EHS into an existing process, must implement a
risk management program appropriate to the facility risk prior to introduction of the EHS
to the process,
Responsible person(s) are required to certify to the Department that a risk
management program that meets Department criteria is in place at the facility. The
certification statement that is part of the federal RMP facility submission may act to
fulfill this requirement. The risk management program shall be available to the
Department for review at each facility at scheduled inspections.
§ 7710. Inspection.
(a) Inspection program components--Essential components of a facility
inspection shall include at a minimum:
A sampling of all required risk management program
documentation;
A physical inspection of equipment associated with the
process containing the EHS to verify implementation of the risk
management program;
Evidence of the application of engineering and maintenance
standards associated with EHS substances; and
Sampling interviews of personnel associated with EHS to
verify that the provisions of the risk management program have been
implemented.
(b) Confidential information--All documents (such as, but not limited to:
inspection reports, responses to inspection reports, notices of violation, Administrative
Orders and Penalties, correspondences, and facility RMPs) submitted to the Department
or developed by the Department pursuant to this chapter shall be handled consistent with
the Freedom of Information Act (29 Del. C Chapter 100) with the exception of the
following which shall be maintained as confidential by the Department:
(1) Sections of Inspection Notes containing or relating to trade
secrets, and/or commercial or financial information observed, viewed, or
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obtained orally during an inspection that may result in substantial harm to
a business' competitive edge.
(2) Sections of Inspection Notes containing the identity of persons
interviewed during the inspection.
Inspection program schedule.--The Department shall develop and issue a
phased initial inspecting program on the basis of degree of risk. Facilities with extremely
hazardous substances having the highest substance hazard indexes shall be inspected
before facilities with lower indexed extremely hazardous substances. Facility inspections
shall continue during the regulation revision process and be an integral part of the revised
regulation.
The Secretary may determine the frequency of inspection of a specific facility,
based on: (1) Compliance history; (2) the recent occurrence of an incident involving an
extremely hazardous substance; or (3) recent compliance with the provisions of this
chapter. Each facility shall be inspected at least once every 3 years.
Inspection protocol -- All inspections shall be conducted by trained and tested
state personnel or representatives. All inspections shall be conducted within the limits of
a thorough Risk Management Program Inspection Protocol issued by the Department and
adopted after public hearing. The Protocol consists of specific questions, facility
characteristics, required risk management program components, physical observations
and interviews.
Inspection training program -- The Department shall have a training program
to periodically educate and test state employees or representatives responsible for
inspecting regulated facilities. The program shall also be available to pertonnel
responsible for operation of facility risk management programs in accordance with the
purpose of this chapter. Preparation of such a training program shall make full use of
appropriate available resources. Successful completion of such a training program is a
requirement for all state employees or representatives responsible for inspecting regulated
facilities or dealing with implementation of this chapter.
(I) Access to facilities and records -- The Department has the right to enter any
facility at any time to verify compliance with the provisions of this chapter. Inspections
for the purpose of document review shall be scheduled with the facility with reasonable
advance notice and, when possible, mutual agreement. Inspectors shall comply with all
safety regulations of the facility.
A report of compliance or noncompliance -- The Department shall issue an
inspection report detailing the findings of compliance or noncompliance with the risk
management program requirements for each inspection. This report shall contain the
Department's recommendations based on inspection for potential improvements to a
facility's risk management program. In the event that the Department has a finding of
substantial noncompliance, the Department may issue a written notice of violation and
may proceed as detailed in § 7715 of this chapter.
Resolution of unfavorable inspection findings -- Responsible person(s) of the
facility shall respond to the Department's recommendations from the written inspection
report within 60 days and notify the Department of any changes and additions to improve
their risk management program or respond with a remediation plan and schedule for the
Department's approval. Upon a finding of substantial noncompliance with the risk
management program, with the risk management plan, or upon a finding of failure to
implement the approved remediation plan or schedule, the Department may proceed as
detailed in § 7715 of this chapter.
Written agreement -- If the responsible person(s) and the Department agree on
measures to correct risk management program deficiencies or omissions, the parties may
enter into a written agreement.
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Issuance of administrative order -- If, after notice to the responsible person(s)
of the facility and an administrative hearing with written findings, the parties are unable
to reach an agreement on improvements to the facility risk management program to bring
it into compliance, the Department shall issue an administrative order requiring correction
of deficiencies of the risk management program including a schedule for the corrections
as detailed in § 7715 of this chapter.
Injunctive relief -- If, upon Department inspection and notice to the
responsible person(s) of the facility, a functioning risk management program is lacking
and a situation exists which demonstrates the purpose of this chapter is in real and
imminent jeopardy, the Department may promptly seek injunctive relief in Chancery
Court.
§ 7711. Notification requirements.
Construction and operating permits shall be granted by state agencies for facilities
and equipment involving extremely hazardous substances regulated under this chapter
only after notification by those agencies to the Department and written confirmation by
any person involved that the permit applicant has been notified of the requirements of this
chapter and its regulations.
§ 7712. Information program.
The Department, assisted by the Division of Public Health of the Department
of Health and Social Services, the Department of Public Safety and the Delaware
Development Office, shall prepare and implement an information program designed to
inform the general public, local public officials and the business community about the
requirements of this chapter and regulations adopted thereto, about the health risks of
accidental releases of extremely hazardous substances and about means available to
minimize the chances of accidental catastrophic releases of such substances.
The information program shall include information about current risk
management programs of industrial companies and business establishments in Delaware
as well as emergency plans, public and private, to protect the public in cases of
catastrophic accidental releases of extremely hazardous substances. The Department may
cooperate with other groups for purposes of this program.
§ 7713. Fees.
The Department is authorized to charge and collect fees from persons with
extremely hazardous substances pursuant to §§ 7707 and 7709 of this title. Fees shall be
a minimum of $500 per year for the first whole unit and $25 per year for each additional
unit to a maximum of 300 units.
The Department may assess a fee to cover additional actual costs to the
Department for any facility whose submitted RMP or whose risk management program
records that are made available during inspection are inaccurate or incomplete to the
extent that the RMP and/or inspection of the facility cannot be accomplished within a
reasonable time. The Department shall include documentation with the assessment of its
findings or condition of the records on which the assessment is based.
All fees collected under this section are hereby appropriated to the Department
for its use for the purposes of this chapter.
§ 7714. Violations and penalties.
(a) If any person violates any of the provisions of this chapter, or any rule,
regulation or order promulgated or issued thereto, the Department may institute a civil
action in Chancery or Superior Court or any other appropriate relief to prohibit or prevent
this violation.
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In addition to the remedies set forth in subsection (a) of this section, one of the
following shall apply:
(I) Whenever the Secretary determines that any person has failed to
submit a complete risk management plan as required by § 7709 of this title or
does not have a substantially complete risk management program in place as
required by § 7710 of this title , such person shall be liable for an administrative
penalty of up to $10,000 per day of violation and the Secretary may order those
operations that present a real and imminent hazard to cease, after notification to
the responsible person(s). All penalties collected under this subsection are hereby
appropriated to the Department for its use for the purpose of this chapter.
(2) Whenever the Secretary determines that any person is in substantial
noncompliance with a provision of the risk management program for the facility,
such person shall be liable for an administrative penalty of up to $10,000 for each
day of the violation. Upon a finding of a significant hazard to the public, the
Secretary may seek injunctive or other relief in Chancery Court to order those
hazardous operations to cease and desist. All penalties collected under this
subsection are hereby appropriated to the Department for its use for the purposes
of this chapter.
(I) Prior to assessment of an administrative penalty, written notice
of the Secretary's proposal to impose such a penalty shall be given to the
responsible person(s), and the responsible person(s) shall have 30 days
from receipt of the notice to request a public hearing. Any public hearing,
right of appeal and judicial appeal shall be conducted pursuant tp § 7716
of this title. The amount of the administrative penalty shall be determined
based on the nature, circumstances, extent and gravity of the violation or
violations, and such other matters as justice may require.
Simultaneous violations of more than 1 provision of the risk
management program shall be treated as a single violation for each day.
In the event of nonpayment of the administrative penalty after
all legal appeals have been exhausted, a civil action may be brought by the
Secretary in a court of competent jurisdiction for the collection of the
administrative penalty, including interest, attorney's fees and costs. The
validity and appropriateness of such administrative penalty shall not be
subject to review.
(0) Any person who willfully or intentionally violates a material provision of this
chapter or of an risk management program shall be subject to a criminal fine of not more
than $25,000 for each day of such violation, or imprisonment for 1 year, or both. The
Superior Court shall have jurisdiction of offenses under this subsection. The Secretary
may order those operations that pose a hazard to the public to cease.
(e) Compliance with this chapter shall not constitute a defense for a violation of
any other law or regulation of the State.
§ 7715. Hearings.
Any public hearing held by the Secretary pursuant to this chapter shall be held in
accordance with § 6006 of this title, as well as any additional notice and hearing
requirements the Secretary has adopted by regulation.
§ 7716. Appeals.
(a) Any person(s) whose interest is substantially affected by any action of the
Secretary may appeal to the Environmental Appeals Board in accordance with § 6008 of
this title.
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(b) Any person or persons, jointly or severally, or any/taxpayer, or any officer,
department, board or bureau of the State, aggrieved by any decision of the Environmental
Appeals Board, may appeal to the Superior Court in accordance with § 6009 of this title."
§ 7717. Inconsistent Laws Superseded.
All laws or regulations inconsistent with any provision of this Chapter are hereby
superseded to the extent of the inconsistency; provided, however, that rights of person(s)
to recover damages shall not be affected by this Chapter.
Approved June 25, 1998
CHAPTER 309
FORMERLY
HOUSE BILL NO. 545
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE
PROCUREMENT.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend § 6902(1)d., Title 29 of the Delaware Code by adding the phrase
"volunteer ambulance/rescue companies," after the phrase "University of Delaware", as it
appears in subsection d.
Section 2. Amend § 6902(18), Title 29 of the Delaware Code by redesignating such
subsection as subsection "(19)".
Section 3. Amend § 6902, Title 29 of the Delaware Code by creating a new subsection
"(18)" as follows:
"(18) 'Volunteer ambulance/rescue companies' means a volunteer ambulance or
rescue company certified as such by the State Fire Prevention Commission."
Approved June 25, 1998
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CHAPTER 310
FORMERLY
SENATE BILL NO. 242
AN ACT TO AMEND TITLE 29, CHAPTER 69 OF THE DELAWARE CODE RELATING
TO WAGE PROVISIONS IN PUBLIC CONSTRUCTION CONTRACTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Amend Subsection (c), Section 6960, Chapter 69, Title 29 of the Delaware Code by
adding a new sentence to read as follows:
"The Department of Labor shall keep and maintain the sworn payroll information
for a period of six (6) months from the last day of the work week covered by the payroll."
Approved June 25, 199&
CHAPTER 311
FORMERLY
SENATE BILL NO. 243
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FRAUD
OVERPAYMENTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Section 3315(6), Title 19 of the Delaware Code by adding the
following sentence at the end of the current section:
"A disqualification issued pursuant to this subsection shall be considered a
disqualification due to fraud."
Approved June 25, 1998
800 Chapter 312
Vol. 71
CHAPTER 312
FORMERLY
SENATE BILL NO. 245
AN ACT TO AMEND TITLE 29, CHAPTER 69 OF THE DELAWARE CODE RELATING
TO WAGE PROVISIONS IN PUBLIC CONSTRUCTION CONTRACTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Amend Subsection (f), Section 6960, Chapter 69, Title 29 of the Delaware Code by
adding a new sentence to read as follows:
"The Department of Labor shall not be required to pay the filing fee or other costs
of the action or fees of any nature to file bond or other security of any nature in
connection with such action or with proceedings supplementary thereto or as a condition
precedent to the availability to the Department of any process in aid of such action or
proceedings. The Department shall have the authority to join various claimants in one
preferred claim or lien and, in case of suit, to join them in one cause of action."
Approved June 25, 1998
Chapter 313
Vol. 71
CHAPTER 313
FORMERLY
SENATE BILL NO. 297
AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER OF CERTAIN REAL
PROPERTY IN SUSSEX COUNTY, FORMERLY KNOWN AS THE BROADK1LL
SCHOOL.
WHEREAS, the State of Delaware once operated a school in Sussex County known as
Broadkill School; and
WHEREAS, said school has been closed since 1944; and custody of the property was
subsequently transferred to the Sussex County Department of Elections; and
WHEREAS, in recent years the property has ceased to be used for any constructive
purpose, has fallen into disrepair, and represents an eyesore as well as a threat to the safety and
welfare of the community; and
WHEREAS, the Department of Elections has declared the property surplus; and
WHEREAS, the property upon which said School is situated was originally granted to the
State of Delaware by the family of Albert Lank in the year 1923 for a nominal sum; and
WHEREAS, Albert Lank remains the owner of and resides at adjoining property to this
day; and
WHEREAS, Mr. Lank has expressed an interest in having the property returned to his
ownership and care; and
WHEREAS, the cost of repairing, restoring, or demolishing the improvements exceeds
the value of the property;
NOW THEREFORE:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE
(three-fourths of all members elected to each House thereof concurring therein):
Section I. Notwithstanding any provisions to the contrary, including those contained in
Title 29, Chapter 94 of the Delaware Code relating to surplus property, the transfer and
conveyance of the following described real property to Mr. Albert Lank for the consideration of
one dollar ($1.00) is hereby specifically approved:
All that certain lot, piece, or parcel of land, situate in Sussex County and the State of
Delaware, being more particularly described as follows, to wit:
All that parcel identified in the land records of Sussex County as tax parcel number 2-35-
8-85, recorded in Deed Book 633, page 967, consisting of 1.86 acres more or less, with
improvements, be they such as they are.
Section 2. The appropriate State agency is hereby authorized and empowered to execute
and deliver to Mr. Lank a good and sufficient deed to the said real property.
Section 3. Mr. Lank shall bear any costs associated with the acquisition and transfer of
title; and accepts the property in its present as-is condition.
Section 4. This bill becomes effective upon its enactment into law.
Approved June 25, 1998
801
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Vol. 71
CHAPTER 314
FORMERLY
HOUSE BILL NO. 605
AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO TAXES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend § 581(a), Title 30 of the Delaware Code, by inserting between the words
"state" and "imposing" as they appear together in said subsection the following phrase:
the District of Columbia, or any possession or territory of the United States".
Section 2. Amend § 2102, Title 30 of the Delaware Code, by deleting said section in its
entirety and substituting in lieu thereof the following:
"Section 2102. Term of licenses All licenses issued pursuant to Title 30 of the
Delaware Code (except Chapters 33, 51, and 52) shall expire annually upon the last day of
December next succeeding the date of issue, unless otherwise provided by law. Lost or
stolen license certificates may be replaced for their unexpired terms upon payment to the
Department of Finance of a fee of $15.00.".
Section 3. Amend § 2301(c)(2), Title 30 of the Delaware Code, by striking the amount
"$3,000" as it appears in said paragraph and substituting in lieu thereof the amount "$8,500".
Section 4. Amend § 1902(b), Title 30 of the Delaware Code, by striking the period "." at
the end of paragraph (16) of said subsection, substituting in lieu thereof a semicolon ";" and by
adding to said subsection a new paragraph (17) to read as follows:
"(17) An entity that is a homeowners association as defined in § 528 of the Internal
Revenue Code (26 § 528) or successor provision.".
Section 5. Amend § 2903(a), Title 30 of the Delaware Code, by striking the reference to
paragraph "(7)b. of § 2901 of this title" and substituting in lieu thereof a reference to paragraph
"(7)a.2. of § 2901 of this title".
Section 6. Amend § 502(b), Title 30 of the Delaware Code, by adding to said subsection a
new paragraph (12) to read as follows:
"(12) (A) 'Last known address,' except as provided in subparagraph (B) of this
paragraph, shall mean: (i) the address for the receipt of mail last made known by the
taxpayer to the Division of Revenue on a tax return or written notice; or (ii) a mailing
address with respect to such taxpayer provided directly, or indirectly through a service
provider, by the United States Postal Service to the Division of Revenue whichever
address shall have been provided later to the Division of Revenue.
(B) Notwithstanding the provisions of subparagraph (A) of this paragraph, 'last
known address shall mean the address determined under subdivision (i) of subparagraph (A)
whenever the taxpayer shows that the address determined under subdivision (i) is his actual
address and that the address determined under subdivision (ii) of subparagraph (A) is not
his actual address, or that mail sent to the address determined under subdivision (i) is more
likely to reach him than mail sent to the address under subdivision (ii).".
Section 7. Amend § 534, Title 30 of the Delaware Code, by adding to said section a new
subsection (h) to read as follows:
"(h) In the case of failure of an employer required to deposit taxes by electronic
funds transfer under the provisions of § 1154(0 to make transfer by such means, unless it is
shown that such failure is due to reasonable cause and not due to wilful neglect, there shall
Chapter 314 803
Vol. 71
be added to the amount shown as tax required to have been electronically transferred 5% of
the amount or $500 per required payment, whichever is less.".
Section 8. Amend § 1174(b), Title 30 of the Delaware Code, by deleting said subsection
in its entirety and re-designating subsection (a) of said section accordingly.
Section 9. Amend Title 30 of the Delaware Code by adding thereto a new § 2015 to read
as follows:
"§ 2015. Successors in title.
Notwithstanding any other provision of this subchapter, § 2011 and § 2012 shall
also apply to a successor in title who acquires a facility through purchase or a transaction
described in § 368(a)(1) of the Internal Revenue Code 26 U.S.C. § 368(a)(1)] (or
successor provision) for so long as such qualified facility continues to be a qualified facility
with respect to such successor, but such qualification shall cease at the same time it would
have ceased had the property remained under the same ownership as was the case on the
date the qualified facility was placed in service.".
Section 10. Sections 1, 2, 4, 5, and 6 of this Act shall be effective upon its enactment into
law. Sections 3 and 7 of this Act shall be effective for taxable periods commencing after December
31, 1998. Section 8 shall be effective for tax years commencing after December 31, 1997. Section
9 shall be effective for all tax periods during which § 2011 and § 2012 of Title 30 shall have been
effective, subject to the provisions of § 539 of Title 30.
Approved June 25, 1998
804 Chapter 315
Vol. 71
CHAPTER 315
FORMERLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 407
AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC
LIQUORS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE (Two-thirds of all members elected to each house thereof concurring
therein):
Section 1. Amend Chapter 9, Section 905(b), by deleting the subsection in its entirety
and substituting in lieu thereof a new subsection (b) to read as follows:
"(b) Nothing in this section shall apply to the making of' beer, cider or wine for
personal consumption and not for the purpose of sale, nor to fermented liquids used in the
manufacture of vinegar exclusively; however, no pipe, conductor, or contrivance of any
description whatsoever whereby vapor might in any manner be conveyed away and
converted into distilled spirits, shall be used or employed or be fastened to or connected
with any apparatus used for the manufacture of beer, cider, wine, or vinegar except in the
case of a duly licensed manufacturer. Any violation of the provision of this subsection
shall carry the same penalties as provided in subsection (a) of this section."
Section 2. Amend Chapter 7, Section 707, by deleting the subsection in its entirety and
substituting in lieu thereof a new Section 707 with subsections (a) through (d) to read as follows:
"§ 707. Home manufacture of beer or wine for personal consumption.
No license or special permit shall be required for the manufacture within
homes, or other premises used in connection therewith, of beer in quantities of 200
gallons or less during any calendar year, or wine in quantities of 200 gallons or less
during any calendar year, for the personal consumption only of the homeowner(s), their
families, or their guests; provided, however, that such beer or wine shall not be offered
for sale.
Such beer or wine, when manufactured and used as set forth above, shall not
be subject to any taxes imposed by the Liquor Control Act.
Beer and wine manufactured pursuant to this section may be removed from
the home and transported for personal or family use, and in addition may be transported
for the purposes of participating in club-sponsored events and tasting competitions.
Notwithstanding any other provision in this chapter or title, concentrated
alcoholic beverages are not "home-manufactured beer or wine" for purposes of this
section, and all Commission regulations and tax requirements concerning home-manufactured
beer or wine shall not apply to concentrated alcoholic beverages."
Section 3. This Act shall become effective upon its enactment into law.
Approved June 25, 1998
CHAPTER 316
FORMERLY
SENATE BILL NO. 238
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SMOKING
RESTRICTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend Title 16, Section 2903 (a) (3) of The Delaware Code by deleting the
words "when occupied by passengers," after the word "transportation" and before "including"
Approved June 25, 1998
Chapter 316 805
Vol. 71
CHAPTER 317
FORMERLY
HOUSE BILL NO. 649
AS AMENDED BY HOUSE AMENDMENT NOS. 1,2 AND 3
AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO
TERMINATION OF PARENTAL RIGHTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend Section 1101(1) of Title 13 of the Delaware Code by striking it in its
entirety and by substituting in lieu thereof the following:
"(1) 'Abandoned' shall be interpreted as referring to:
(a) a minor who has not attained six months of age at the time a petition
for termination of parental rights has been filed, and for whom the respondent has
failed to:
I. make reasonable and consistent payments, in accordance with the
respondent's financial means, for support of the minor; and
visit regularly with the minor; and
manifest the ability and willingness to exercise parental responsibilities
if, during this time, the minor was not in the physical custody of the other parent.
(b) a minor who has not attained six months of age at the time a petition
for termination of parental rights has been filed, and for whom the respondent has
manifested the unwillingness to exercise parental rights and responsibilities, as
evidenced by the respondent's placing the minor in circumstances which leave the
minor in substantial risk of injury or death.
(c) a minor who has attained six months of age at the time a petition for
termination of parental rights has been filed, and for whom the respondent, for a
period of at least six consecutive months immediately preceding the filing of the
petition, has failed to:
I. make reasonable and consistent payments, in accordance with
the respondent's financial means, for support of the minor; and
communicate or visit regularly with the minor; and
manifest the ability and willingness to exercise parental
responsibilities, if during this time, the minor was not in the physical
custody of the other parent.
The respondent's act of abandonment cannot be cured by subsequent
conduct. No present intent to abandon the minor need be proved by the
petitioner."
Section 2. Amend Section 1103(a)(4) of Title 13 of the Delaware Code by striking it in
its entirety and by substituting in lieu thereof the following:
"(4) The respondent has been found by a court of competent jurisdiction to have:
a. committed a felony level offense against the person, as described within
Subchapter II of Chapter 5 of Title 11 of this Code, in which the victim or any
other child is the subject of the petition; or
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aided or abetted, attempted, conspired or solicited to commit an offense
set forth in subparagraph a. of this paragraph; or
committed or attempted to commit the offense of Dealing in Children,
as set forth in § 1100 of Title 11 of the Delaware Code."
Section 3. Amend Section I103(a)(5) of Title 13 of the Delaware Code by striking it in
its entirety and by substituting in lieu thereof the following:
"(5) The parent or parents of the child, or any person or persons holding parental
rights over the child, are not able, or have failed, to plan adequately for the child's
physical needs or mental and emotional health and development, and one or more of the
following conditions are met:
a. In the case of a child in the care of the Department or a licensed
agency:
I. The child has been in the care of the Department or licensed
agency for a period of one year, or for a period of six months in the case of
a child who comes into care as an infant, or there is a history of previous
placement or placements of this child; or
There is a history of neglect, abuse or lack of care of the child
or other children by the respondent; or
The respondent is incapable of discharging parental
responsibilities due to extended or repeated incarceration, except that the
Court may consider post-conviction conduct of the respondent; or
The respondent is not able or willing to assume promptly legal
and physical custody of the child, and to pay for the child's support, in
accordance with the respondent's financial means; or
(5) Failure to terminate the relationship of parent and child will
result in continued emotional instability or physical risk to the child. In
making a determination under this paragraph, the Court shall consider all
relevant factors, including:
(i) whether the conditions that led to the child's placement,
or similar conditions of a harmful nature, continue to exist and
there appears to be little likelihood that these conditions will be
remedied at an early date which would enable the respondent to
discharge parental responsibilities so that the child can be returned
to the respondent in the near future;
(ii). the respondent's efforts to assert parental rights of the
child, and the role of other persons in thwarting the respondent's
efforts to assert such rights;
the respondent's ability to care for the child, the age of
the child, the quality of any previous relationship between the
respondent and the child or any other children;
the effect of a change of physical custody on the child;
and
the effect of a delay in termination on the chances for a
child to be placed for adoption.
b. In the case of a child in the home of a stepparent or blood
relative:
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I. The child has resided in the home of the stepparent or
blood relative for a period of at least 1 year, or for a period of 6
months in the case of an infant; and
2. The Court finds the respondent is incapable of
discharging parental responsibilities, and there appears to be little
likelihood that the respondent will be able to discharge such
parental responsibilities in the near future."
Section 4. Amend Section 1103(a) of Title 13 of the Delaware Code by adding thereto a
new subsection to read:
"(6) The respondent's parental rights over a sibling of the child who is the subject
of the petition have been involuntarily terminated in a prior proceeding."
Section 5. Amend Section 1103 of Title 13 of the Delaware Code by adding thereto a
new subsection to read:
"(d) The Department is not required to perform, but is not prohibited from
performing, reunification and related services as outlined in Chapter 90 of Title 29 of the
Delaware Code when the grounds for termination of parental rights are those stated in
Subsections (a)(2), (a)(4) or (a)(6) of this section."
Section 6. This bill shall be applied retroactively to all petitions filed alter October 3,
1996.
Approved June 27, 1998
CHAPTER 318
FORMERLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 234
AN ACT TO AMEND TITLE 17 OF THE DELAWARE CODE RELATING TO CONTROL
OF THE RIGHTS-OF-WAY IN THE UNINCORPORATED AREAS OF THE STATE,
INCLUDING THE CONTROL OF SIGNS AND OTHER COMMERCIAL
ACTIVITIES WITHIN THE RIGHTS-OF-WAY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
WHEREAS, the State has a significant investment in thousands of miles of rights-of-way
outside of the incorporated areas of the State; and
WHEREAS, while these rights-of-way are a valuable resource, their primary purpose
must always be for the safe use of the traveling public and the citizens of this State; and
WHEREAS, on occasion, non-official interests have assumed that they are entitled to free
use of locations on these rights-of-way for their purposes, regardless of the risks their activities
may present to others; and
WHEREAS, this use of rights-of-way for commercial or other non-official purposes has
led to such activities as the placement of vending machines, signs, and other devices on the
rights-of-way, without regard to safety or the legal obligation not to trespass on the property of
others; and
WHEREAS, the State attempted to justify its previous enforcement actions against non-official
signs presenting a sight distance or safety hazard, in the First Amendment case titled
Rappa v New Castle County; however, the U.S. Third Circuit Court of Appeals ruled that the
State had only the obligation to maintain pavement integrity, and no duty to maintain a safe
"clear zone" for use of these rights-of-way, that Subchapter I. of Chapter 11, Title 17, Delaware
Code, was unconstitutional because of an exception contained therein relating to signs
announcing cities, industries, and meetings, such as Rotary Club meeting/location signs, and
indicated how this subchapter should be amended so as to avoid finding it facially
unconstitutional.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 139th General Assembly of
the State of Delaware that the obligation to maintain safe clear zones in the rights-of-way should
be affirmed; that appropriate restrictions against non-official uses of these rights-of-way should
be provided; and, that a rational means of addressing First Amendment concerns, while
maintaining the safety of these rights-of-way, is both fitting and proper.
Section 1. Amend Section 1108, Chapter 11, Title 17, Delaware Code, by deleting the
phrase "Public Instruction" appearing therein, and inserting in lieu thereof the word "Education".
Section 2. Amend Section 1114(6), Chapter 11, Title 17, Delaware Code, by deleting the
phrase "bearing announcement of any town, village or city advertising itself or local industries,
meetings, building, historical markers" appearing therein and inserting in lieu thereof the phrase
"directing travelers to any town, village, city, historical site".
Section 3. Amend Section 1114, Chapter 11, Title 17, Delaware Code, by creating a new
subsection (7) to read as follows:
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"(7) Non-official signs displayed on transit shelters under contracts approved by
the Department."
' Section 4. Amend Subchapter I., Chapter 11, Title 17, Delaware Code, by creating a new
Section 1120 to read as follows:
"Section 1120. Severability.
If any exception, section, part, phrase, or provision of this Chapter or the
application thereof be held invalid by any court of competent jurisdiction, such judgment
shall be confined in its operation to the exception, section, part, phrase, provision, or
application directly involved in the controversy in which such judgment shall have been
rendered, and shall not affect or impair the remainder of this Chapter or the application
thereof."
Section 5. Amend Section 1121, Title 17, Delaware Code, by deleting the phrase "Public
Instruction" appearing therein and inserting in lieu thereof the word "Education".
Section 6. Amend Section 508(a)(1), Chapter 5, Title 17, Delaware Code, by inserting the
following between the phase "the posted security for completion" and the phrase "and whatever
other terms" appearing in the third sentence thereof:
the location of any decorative subdivision entrance signs installed by the
developer,".
Section 7. Amend Chapter 5, Title 17, Delaware Code, by creating new Sections 525
526, and 527 to read as follows:
"Section 525. Maintenance of clear zones within rights-of-way.
The Department is authorized to maintain clear zones within the rights-of-way
under its jurisdiction in the unincorporated areas of the State. In maintaining these clear
zones, the Department shall have the immediate authority to remove artificial
obstructions placed therein, including, but not limited to, non-official signs, poles,
mailboxes not placed in conformance with Departmental regulation, or other hazards to
safe passage. In removing artificial obstructions, the Department shall attempt to
determine the owner of the obstruction and provide written notice and an opportunity for
the owner to recover the obstruction after its removal. The Department shall also have
the immediate authority to remove or trim vegetation growing within these rights-of-way.
As used in this Chapter, the term 'clear zone' has the following meanings:
For all roads except those described in subsection (2) of this
subsection, the term includes the total roadside border area within a right-of-way,
starting at the edge of the pavement and continuing for a distance of ten (10) feet
perpendicular to the pavement edge.
For all interior streets within residential subdivisions, the term
includes the total roadside border area within a right-of-way, starting at the edge
of the pavement and continuing for the shorter distance of either (i) seven (7) feet
perpendicular to the pavement edge, or (ii) if there is a sidewalk adjacent to the
street, the sidewalk edge further from the street.
The total area within the median strips between traveled ways or on
any channelization islands, except as permitted by Section 1108(d) of this Title.
Section 526. Restrictions against commercial use of State rights-of-way; site-based
enforcement mechanisms.
(a) Except as provided in subsection (b) of this section, there shall be no
commercial activity within any rights-of-way under the Department's jurisdiction in the
unincorporated areas of the State. As used herein, 'commercial activity' includes,
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without limitation, such activities as the placement of news boxes in such rights-of-way
for the sale of newspapers, the placement of vending machines in such rights-of-way for
the sale of goods, the placement of commercial advertising signs in such rights-of-way, or
the sale of goods from vehicles parked within such rights-of-way. If a commercial
activity occurs within the clear zone of any such rights-of-way, the Department shall treat
the machines, fixtures, signs, or other materials used in such activity as an artificial
obstruction under Section 525 of this Title, and may undertake the immediate removal of
said materials as authorized therein.
(b) Any of the following commercial uses of the rights-of-way shall be subject to
enforcement under Chapter 11 of this Title:
(I) Commercial activities occurring outside the clear zone; or
The placement of non-official signs outside the clear zone; or
The placement of vending machines at designated locations at safety
roadside rest areas, as permitted by Section 132(c)(14) of this Title; or
The placement of news boxes outside the clear zone; or
Signs displayed on any school bus waiting shelter located with the
approval of the Department of Education; or
Non-official signs displayed on transit shelters pursuant to
Department-approved contracts.
Section 527.. Coordination with other statutes.
In the event of a conflict between the provisions of Section 525 and 526 of this
Chapter and the provisions of Chapter 11 of this Title, the provisions of Section 525 and
526 shall take precedence."
Section 8. Severability. If any section, part, or provision of this Act or the application
thereof be held invalid by any court of competent jurisdiction, such judgment shall be confined
in its operation to the section, part, phrase, provision, or application directly involved in the
controversy in which such judgment shall have been rendered and shall not affect or impair the
remainder of this Act or the application thereof.
Approved June 27, 1998
812 Chapter 319
Vol. 71
CHAPTER 319
FORMERLY
HOUSE BILL NO. 592
AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE
REGISTRATION OF MOTOR VEHICLES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section I. Amend §2104, Title 21 of the Delaware Code, by adding a new lettered
subsection thereto as follows:
"The Department shall allow the registration of motor vehicles owned by
individuals who are not bona fide residents of Delaware upon presentation of an affidavit
by the applicant, on a form approved by the Department, swearing or affirming:
that the vehicle is principally garaged in Delaware;
that the applicant is the owner of at least one other vehicle which is registered
and insured in the state of the applicant's domicile; and
to such other information not inconsistent with the provisions of this
subsection as may be deemed appropriate by the Department or the Insurance
Commissioner.
An affiant shall notify the Division of Motor Vehicles and the affiant's
automobile insurance company of any changes in the above conditions within thirty (30)
calendar days from the date of change.
The penalties prescribed by Title 18, Chapter 24 shall apply to a violation of this
subsection."
Approved June 29, 1998
CHAPTER 320
FORMERLY
HOUSE BILL NO. 576
AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE
REGISTRATION OF DEATHS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE:
Section 1. Amend § 3123(e) of Title 16 of the Delaware Code by adding at the end of the
first sentence the following:
"and a toxicology study shall be performed. If a cause of death cannot be
determined after the toxicology study is performed, the remains and all reports and/or
studies shalt be turned over to the Office of the Chief Medical Examiner for review."
Approved June 29, 1998
Chapter 321
Vol. 71
CHAPTER 321
FORMERLY
HOUSE BILL NO. 494
AS AMENDED BY HOUSE AMENDMENT NO. 1
AN ACT TO AMEND TITLE 21, DELAWARE CODE RELATING TO STREET RODS.
813
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF
DELAWARE (Two-thirds of all members elected to each House thereof concurring
therein):
Section 1. Amend Section 2197, Title 21, Delaware Code by striking the existing section
thereof and substituting in lieu thereof the following:
"(a) If any modified antique automobile manufactured prior to 1949, hereinafter
referred to as a street rod, Is duly registered in the State, the owner of such street rod may
apply to the Secretary of the Department of Public Safety, on special application, forms
prescribed by the Secretary, for a special street rod automobile plate, to be displayed on
such street rod in lieu of the standard vehicle registration plate.
Street rods, unlike antiques, can be used for daily transportation and must
have valid liability insurance.
Upon receipt of an application for a special street rod automobile plate on a
form prescribed by the Secretary, the Secretary shall issue to such applicant a special
street rod automobile plate on a permanent basis, and it shall bear the inscription
"STREET ROD" with yellow letters on a blue background. In addition, such plates shall
have displayed thereon nib word "DELAWARE," the words "THE FIRST STATE," the
expiration date of the plates and the vehicle number assigned to the vehicle by the
Secretary. This special plate shall be issued for the applicant's use only for such
automobile, and in the event of a transfer of title, the transferor shall surrender the special
plate to the Secretary.
Upon approval of the application the Secretary shall assess the applicant an
initial fee of $25, in addition to the registration fee levied under this chapter. Thereafter
such vehicle shall be presented at any inspection lane in this State prior to renewal of
registration and, upon passing such inspection as prescribed in subsection F (street rod
requirements) of this Section, the special plate shall be renewed upon payment of the
registration fee levied under this chapter. Applicants shall, in addition to the prescribed
registration validation sticker, be required to display a valid National Street Rod
Association safety inspection sticker.
A "street rod" shall mean a vehicle, the body and frame of which were
manufactured prior to the year 1949 and which has been modified for safe road use, or a
kit car which resembles that of an original pre 1949 vehicle and has also been modified
for safe road use. For the purposes of this section "modified" means, but is not limited
to, a substantial and material alteration, or replacement of the engine, drive-train,
suspension or brake system or alteration of the body which may be chopped, channeled,
sectioned, filled, or otherwise changed dimensionally from the original manufactured
body.
(1) Street Rod requirements:
(1) Door latches:
Every street rod that is equipped with doors leading directly into a
compartment that contains one or more seating accommodations shall be
equipped with mechanically or electrically activated door latches which
firmly and automatically secure the door when pushed closed and which
allow each door to be opened from the inside by the activation of a
convenient lever handle or other suitable device.
(2) Glazing:
Every street rod shall be equipped with a laminated safety glass
windshield that complies with the provisions appearing in the current
ANSIz 26.1 Standard, AS! or AS10. The windshield shall be in such a
position that it affords continuous horizontal frontal protection to the
driver and front seat occupants.
The minimum vertical height of the windshield glass shall be not
less than seven (7) inches, or as originally equipped by a recognized
manufacturer.
Side and rear glass:
These items are not required, but if they are present, they
must comply with the provisions of current ANSI z 26.1 Standard.
(AS I, AS2, AS4, A56, AS 10, or AS!!.)
Window tinting:
Shall be allowed only as permitted in Delaware Motor
Vehicle Regulations, Title 21, Section 4313 and Department of
Public Safety Policy Regulation number 76.
(3) Hood Latches:
A front opening hood should be equipped with a primary and a
secondary latching system to hold in a closed position.
(4) Hood:
Hoods on street rods shall be optional, but if the hood, top,
and/or sides are removed from the vehicle, the fan must be enclosed within
a shroud of substantial rigid material to prohibit anyone from inadvertently
being injured and to prevent the fan from flying up from the engine
compartment should it become loose.
Protrusions from engine compartment shall be no more than
six (6) inches above the highest point of the hood, or when the hood has
been removed six (6) inches above the highest point of the hood's normal
location.
(5) Instrumentation & Controls:
Speedometer:
Every street rod shall be equipped with an operating
speedometer calibrated to indicate "miles per hour".
Odometer:
Every street rod shall be equipped with an operating
odometer calibrated to indicate "total miles driven".
Steering wheel:
Every street rod shall be equipped with a circular steering
wheel with an outside diameter of not less than thirteen (13)
inches.
814 Chapter 321
Vol. 71
Rear View Mirror:
Every street rod shall be equipped with two rear view mirrors, each
providing a clear field of vision 200 feet to the rear.
One shall be mounted on the inside of the vehicle in such a
position that it affords the driver a clear view to the rear. The other shall
be mounted on the outside of the vehicle on the driver's side in such a
position that it affords the driver a clear view to the rear. When an inside
mirror does not give a clear view to the rear due to window tint or other
obstructions, a right-hand outside mirror shall be required in lieu thereof.
The mirror mounting shall provide for mirror adjustment by tilting in both
horizontal and vertical directions.
Seat Belts:
Every street rod shall be equipped with a safety belt system for
each occupant of the vehicle. Any such safety belt system must at a
minimum be a Type 1 (lap belt) and must meet Federal Motor Vehicle
Safety Standard 209. All safety belts systems shall be securely anchored
to the body or frame.
Windshield Wipers:
Every street rod shall be equipped with at least one windshield
wiper installed in a position which effectively clears the windshield area
directly in front of the driver. The operation of the windshield wiper shall
be controlled by the driver from within the vehicle and shall be electrically
or vacuum operated.
Accelerator Control System:
Every street rod shall be equipped with an accelerator control
system that returns the engine throttle to an idle position when the driver
removes the actuating force from the accelerator control.
Service Brakes:
Every street rod shall be equipped with hydraulic brakes acting on
all wheels. The service brake

LAWS
OF THE
STATE OF DELAWARE
ONE HUNDRED AND THIRTY- NINTH
GENERAL ASSEMBLY
FIRST SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 14, A. D.
1997.
SECOND SESSION COMMENCED AND HELD AT DOVER
On Tuesday, January 13, A. D.
1998
VOLUME LXXI
Part II